Hong Kong – Company and director fined and sentenced to suspended imprisonment respectively for contravening Employment Ordinance

Company and director fined and sentenced to suspended imprisonment respectively for contravening Employment Ordinance

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     Yat Chun Construction Decoration Engineering Company Limited and its director were prosecuted by the Labour Department (LD) for violation of the requirements under the Employment Ordinance (EO). The company and its director pleaded guilty earlier and were sentenced at Shatin Magistrates’ Courts today (September 4). The company was fined $31,000 while the director was sentenced to 12 weeks’ imprisonment suspended for 12 months. The company and its director were also ordered to pay its employees an outstanding sum of about $230,000.
 
     The company failed to pay wages and annual leave pay to six employees totaling $260,000 within seven days after the expiry of the wage periods and termination of employment as required by the EO which also represents the awarded sums of about $260,000 payable within 14 days after the dates set by the Labour Tribunal (LT). The director concerned was prosecuted and convicted for his consent, connivance or neglect in the above offences committed by the company.
 
     “The ruling will disseminate a strong message to all employers, directors and responsible officers of companies that they have to pay wages to employees within the statutory time limit stipulated in the EO, as well as the sums awarded by the LT or the Minor Employment Claims Adjudication Board,” a spokesman for the LD said.
 
     “The LD will not tolerate these offences and will spare no effort in enforcing the law and safeguarding employees’ statutory rights,” the spokesman added.